JUDGMENT :

Shree Chandrashekhar, J.

In Sessions Trial No. 548 of 2011, Pramod Saw has faced the trial on the charge under section 302 of the Indian Penal Code for causing death of Mukesh Choudhary. He was convicted and sentenced to RI for life and a fine of Rs. 10,000/-under section 302 of the Indian Penal Code with a default stipulation to suffer further SI for six months.

2. The appellant has challenged the judgment of Sessions Court dated 24.01.2018 by filing this criminal appeal under section 374(2) of the Code of Criminal Procedure.

3. On the basis of the fardbeyan of Umesh Choudhary which was recorded at 10:35 AM on 18.06.2011 by S.K. Sao, ASI of Bariatu police station in the unit of Dr. C.B. Sahay at RIMS, Chouparan PS Case No. 56 of 2011 was lodged against the appellant on 18.06.2011 for causing death of Mukesh Choudhary. In course of investigation the witnesses stated before the police that Pramod Saw picked up an iron rod lying outside the house of Mukesh Choudhary and mounted murderous attack on him. Some of the witnesses have also stated before the police that at the instigation of his parents Pramod Saw started assaulting Mukesh Choudhary. Dr. Binay Kumar who conducted the